indebted, the court may grant or deny the prayer of the petition, as justice requires. § 2226. The entry of the order, appointing one or more trustees, and the filing of the papers upon which it was granted, vest in the trustee or trustees all the right, title and interest of the prisoner, in and to any property, real or personal. Where the prisoner owns real property, an exemplified copy of the order must be recorded, in the proper office for recording deeds, in each county where the real property is situated. § 2227. Upon the application of any person, entitled to apply for an order, appointing trustees of the prisoner's property, and upon such a notice as the court prescribes, to the petitioner, and to such other persons interested, as the court thinks proper to designate, the court, by which the order was granted, may, in its discretion, remove any trustee, and appoint another in his place; or may appoint one or more additional trustees. The new trustee or trustees, so appointed, have the same power and authority, are vested with the same right, title and interest, and are subject to the same duties and liabilities, as if he or they had been appointed by the original order. § 2228. After deducting their commissions and expenses, allowed by law, and paying the prisoner's debts, the trustees may, from time to time, under the direction of the court by which they were appointed, apply the surplus of any money in their hands, to the support of the prisoner's wife and children, and of such other relatives as he is bound to support and to the education of his children. § 2229. When the prisoner dies, or is lawfully discharged from imprisonment, the trustee or trustees must deliver over to him or his legal representatives, all his property, remaining in their hands, after deducting there from their lawful expenses and commissions. § 2230 SUMMARY PROCEEDINGS. 171 § 2230. This article applies to a prisoner who has been sentenced before this chapter takes effect, and to his property; except where one or more trustees of his property have been theretofore appointed, by proceedings taken i pursuance of a statute then in force." TITLE II. Summary proceedings to recover the possession of real property. (a) (b) b. As to the creation of the Municipal Court of the City of New York, by the Greater New York Charter, see note to § 3215. 25 N. Y. 928. 11 Daly, 150. § 2231. [Am'd 1885, 1894.] In either of the following cases State Rep. a tenant or lessee at will, or at sufferance, or for part of a year, or for one or more years, of real property, including a specific or undivided portion of a house or other dwelling. and his assigns, under tenants, or legal representatives may be removed therefrom as prescribhd in this title. 23 Misc. 645, 1. [Amended 1894; amendment to take effect September 1, 1894.] When he holds over and continues in possession of the demised premises, or any portion thereof, after the expiration of his term, without the permission of the landlord; including elsewhere than in the city of New York and B.ooklyn, a case where the person to be removed became the occupant of the premises as a servant or employe and the relation of master and servant or employer or employe has been lawfully terminated or the time fixed for such occupancy by the agreement between the parties, has expired; but if by such agreement the servant was to be permitted to occupy such premises for a period beyond the term of employment such removal shall not be had under this subdivision unless such period so permitted for occupancy has expired, or the relation of master and servant or employer and employe was lawfully terminated before the expiration of such term of employment; but nothing in this subdivision contained shall be construed as preventing the removal of such occupant in any other lawful manner. 2. Where he holds over, without the like permission. after a default in the payment of rent, pursuant to the agreement under which the demised premises are held, and a demand of the rent has been made, or at least three days' notice in writing, requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served, in behalf of the person entitled to the rent, upon the person owing it, as prescribed in this title for the service of a precept. 3. Where in any city in this state he holds over and continues in possession of the demised premises, or any portion thereof, after default in the payment, for sixty days after the same shall be payable, of any taxes or assessments levied on such demised premises which he has agreed in writing to pay pursuant to the agreement under which the demised premises are held, and a demand for the payment of such taxes or assessments has been made, or at least thre days' notice, in writing, requiring, in the alternative. the payment thereof and of any interest and penalty thereon, or the possession of the premises, has been served, in Lebal of the landlord, upon the lessee, as prescribed in this title for the service of a precept. An acceptance of any rent by the lessor or his legal representatives shall not be construed as a waiver of the agreement of the lessee to pay taxes or assessments, so as to preclude the lessor from the benefits of this chapter. 4. Where he, being in possession under a lease for a term of three years or less, has, during the term, taken the benefit of an insolvent act, or has been adjudicated a bankrupt, under a bankrupt law of the United States. 5. Where the demised premises, or any part thereof, are used or occupied as a bawdy house, or house of assignation for lewd persons, or for any illegal trade or manufacture, or other illegal business. 2232. [Am'd 1894.] In either of the following cases, a person, who holds over and continues in possession of real 34 Hun, 340. property after notice to quit the same has been given, as prescribed in section two thousand two hundred and thirty-six of this act, and his assigns, tenants, or legal representative, may be removed therefrom, as prescribed in this title: 1. Where the property has been sold by virtue of an execution against him, or a person under whom he claims, and a title under the sale has been perfected. Supp. 363. 2. Where the property has been duly sold, upon the fore- 5 N. Y. closure, by proceedings taken as prescribed in title ninth of this chapter, of a mortgage executed by him, or a person under whom he claims, and the title under the foreclosure has been duly perfected. 3. Where he occupies or holds the property, under an agreement with the owner to occupy and cultivate it upon shares, or for a share of the crops, and the time, fixed in the agreement for his occupancy has expired. 4. [Am'd 1894; amendment to take effect September 1, 1894.] 12 Abb. N Where he, or the person to whom he has succeeded, has in- C. 348. truded into, or squatted upon, any real property, without the permission of the person entitled to the possession thereof, and the occupancy, thus commenced has continued without permission from the latter; or, after a permission given by him has been revoked, and notice of the revocation given to the person or persons to be removed. § 2233. An entry shall not be made into real property, but in a case where entry is given by law; and, in such a Cas-, only in a peaceable manner, not with strong hand, nor with multitude of people. A person who makes a forcible entry forbidden by this section. or who, having peaceably entered upon real property, holds the possession thereof by force, and his assigns, undertenants, and legal representatives, may be removed therefrom, as prescribed in this title. SS 120, 1211, 1357, 1521, § 2234. [Am'd 1881, 1884, 1895, amendment to take effect January 1, 1896.] *Application for removal of a person from real property, as prescribed in this title, may be made to the county judge or special county judge of the county, or a jus tice of the peace (a) of the city or town, or the mayor or recorder of the city, wherein the real property, or a portion thereof, is situated. Application may also be made, if the property, or a portion thereof, be situated in the city of New York, to a judge of the city court of the city of New York or the dis *See L. 1889, C. 357. (a) See note to § 3215. |